95 Ga. 727 | Ga. | 1895
Prior to the • passage of the act of October 9, 1885 (Acts of 1884-5, p. 50), section 2573 of the code required appraisers appointed to set apart a year’s support to file their return with the ordinary, to which return any person interested might, at any time within six months, make objections; but where none were so made, -or, if made, disallowed, it was the duty of the ordinary
In the case with which we are now dealing, the year’s support was set apart long before this change in the law was made, and therefore the proceedings were had under the law as it then stood. It appears that when the widow of Elijah Moore, Sr.,made an application for a year’s support out of his estate, she had one minor son, and the application was made for the benefit of herself' and him. The order appointing the appraisers was dated November 3, 1873, and their return was filed in November or December of that year. Included in the year’s support set apart was a tract of land. This return remained on file for more than six months before the minor son became of ago, and no objections to it were ever made, but it was not actually recorded by the-ordinary until October 20th, 1874. At that time the son had attained his majority.